Criticism of Legal Duality in Iran Following the Release of a Sexual Assault Suspect

Following the news of the release of "Keyvan Imamvardi," accused of sexually assaulting several women, criticisms regarding the duality in the legal treatment of sexual offenders and the arbitrary handling of cases have intensified. Critics have deemed this behavior of the judiciary as a factor that provides comfort to many offenders and places victimized women in a position of weakness. In this context, the news website Khabar Online reported on last week's criticisms regarding the release of "Keyvan Imamvardi" and quoted his lawyer as saying: "The Revolutionary Court lacked inherent jurisdiction to address this accusation, therefore the handling of this part was assigned to the Tehran Criminal Court, but since Mr. Imamvardi had been in temporary detention for more than two years, the court was obliged to lift the detention order." "Mahdi Hajati," Keyvan Imamvardi's lawyer, also stated to the Etemad newspaper: "The temporary detention order of my client was lifted at our request and reduced to 300 billion tomans in cash bail, but the amount was so high that my client could not afford to post bail and remained in detention. After an objection, the detention order was reduced to 20 billion tomans." In this regard, "Shima Qosheh," the lawyer for five of the plaintiffs in this case, stated: "Keyvan Imamvardi had no mental or psychological disorders, but at the initial stages in the prosecutor's office, he was inclined to steer himself in that direction, but the investigator, with correct and precise behavior, closed all avenues for him. Even the forensic psychiatrist examined him and stated that this individual has no mental or psychological disorders and is in complete health; these matters are present in the case file." According to this lawyer, the case was being handled in two jurisdictions; one was the prosecutor's claim regarding the charge of corruption on earth, which was referred to the Revolutionary Court and a death sentence was issued; however, both we and Mr. Keyvan Imamvardi's lawyer objected to this ruling for various reasons. Shima Qosheh emphasized that "unfortunately, the Revolutionary Court issued an acquittal without holding a hearing, and the temporary detention order was converted to bail, and we hope he does not flee." The defendant's lawyer claimed in court that "the plaintiffs explicitly stated in the face-to-face session that they had no evidence to prove their claims regarding the commission of rape by Mr. Imamvardi." He also stated that "Keyvan Imamvardi denied the sexual harassment allegations" and "accepted only touching in relation to some victims," while claiming that "sexual relations occurred with the consent of some other plaintiffs." The difficulty of presenting witnesses in many such cases, emphasis on parts of the judicial laws of the Islamic Republic that favor men, and also in many cases the fear of reputation and societal views on women victims of rape are among the factors that many human rights activists believe ultimately lead to the reproduction of violence against women. Keyvan Imamvardi, a graduate in archaeology from Tehran University, was arrested in the summer of 2020 on charges of sexually assaulting several women and girls, facing the charge of corruption on earth. Under the laws of the Islamic Republic of Iran, those accused of "corruption on earth" face the possibility of the death penalty. The case of Keyvan Imamvardi is one of the first instances of the exposure of "rape" in Iranian society, where in September 2020, dozens of women and young girls recounted instances of it on social media. Several Twitter users shared images of their conversations with Imamvardi, stating that he had invited them to his home, intoxicated or drugged them, and then proceeded to sexually assault them. Keyvan Imamvardi is accused of having raped "300 girls over 10 years," but according to official reports in Iran, during the proceedings, he confessed to having had sexual relations with about 50 girls. He claimed that these individuals went to his house of their own accord. Keyvan Imamvardi, accused of multiple counts of rape, was acquitted of the charge of corruption on earth, while the plaintiffs' lawyer stated that Keyvan Imamvardi was sentenced to death.